REPUBLIC OF BULGARIA
NATIONAL ASSEMBLY
OWNERSHIP AND USE OF FARM LAND ACT
Promulgated State Gazette No. 17/01.03.1991
Amended SG No. 74/1991; 18, 28, 46 & 105/1992; 48, 64 & 83/1993; 80/1994;
45, 57 & 59*/1995; 79/1996
Chapter One
GENERAL PROVISIONS
Article 1
This Act shall regulate the ownership and use of farm land.
Article 2
(Amended, SG No. 28/1992) Farm land, for the purposes of this Act, shall be all land, set aside for farming, that:
1. is not within the building development confines of settlements;
2. is not included as part of the forest reserve;
3. is not built-up by: industrial or other economic enterprises, recreation or health establishments, religious denominations or other public organisations; nor is within courtyards, nor under warehouses auxiliary to such buildings as the above;
4. is not occupied by open mines and quarries, energy, irrigation, transportation facilities or other public utilities, nor is adjacent to such facilities and utilities.
Article 3
(Amended, SG Nos. 28/1992; 45/1995)
(1) Farm land may be individual citizen's, state, municipal, or legal persons' property.
(2) Political parties and organisations, movements and coalitions for political purposes may not have ownership of farm land.
(3) Foreign governments, foreign legal persons and legal persons with foreign participation may not have ownership of farm land.
(4) Foreign nationals may not acquire farm land otherwise than by legal deed of inheritance. Such persons shall transfer the farm land thus acquired to persons under paragraph (1) above within three years of the date that the inheritance is announced.
(5) Foreign legal persons and foreign nationals may acquire usufruct in farm land or other limited real rights in land by terms and procedures as provided by law.
Article 4
(Amended, SG No. 28/1992)
(1) Proprietors shall be free to determine a manner of using farm land according to its purposes. Proprietors shall use land in a manner such as is not detrimental to soils and in compliance with sanitation, fire safety and environmental protection standards.
(2) Buildings and installations may be erected on farm land such as are related to its use by terms and procedures as provided by the Territorial and Urban Development Act.
(3) Expropriation of farm land for important government and municipal purposes shall be done pursuant to the Property Act and the Farm Lands Protection Act, and subject to a resolution by the Minister of Agriculture.
(4) Proprietors and users shall protect archaeological sites, cultural monuments, irrigation, power generation and other facilities and installations, geodetic and frontier signs such as exist on their land, and shall not prevent other proprietors, users and officials from using and maintaining such facilities and installations.
(5) Incorporation of farm land within the building development confines of settlements shall be done pursuant to the Farm Lands Protection Act and the Territorial and Urban Development Act.
Article 5
(New, SG No. 45/1995) Exchange and voluntary division between heirs of farm land shall be exempt from state and local fees.
Chapter Two
LAND OF INDIVIDUAL PROPRIETORS
Article 6
(Repealed, SG No. 28/1992)
Article 7
(Amended, SG No. 79/1996)
(1) In the event of disposition, partition, amends-making and grant of land, farm land estates shall not be parcelled out into fragments the proportions whereof are less than the ones prescribed under Article 72 of the Inheritance Act.
(2) In the event of making amends of agricultural lands of a size less than such proportions and upon a request by the concerned persons, the land in point shall be amassed into a joint estate, and each owner shall possess his due share thereof.
(3) Partition of a farm estate or disposition of real shares of a farm estate shall be executed only if the separate shares thereof are detachable to constitute separate estates of such proportions as specified in paragraph 1 above under a project drawn up or approved by the respective land board.
(4) Attached to all deeds containing partitions, disposition transactions, alienation, change of function and appraisal of farm lands shall be a plot drawn up or endorsed by the land board.
(5) Public notaries, courts and other competent authorities shall within one month forward ex officiis to the land board a copy of all deeds under paragraph 4 issued or endorsed by them.
(6) The foregoing paragraphs shall not apply to the events under Article 17, paragraph 2.
Article 8
(Amended, SG No. 28/1992) Individuals may associate in co-operatives or associations for joint farming of their land. In such cases they may retain ownership of their land within its actual confines.
Article 9
(New, SG No. 45/1995)
(1) (Amended, SG No. 79/1996) An owner may sell his farm land to the state at a price set in a regulation issued by the Council of Ministers. The Minister of Agriculture and the Food Industry shall promulgate in the official State Gazette the territories of land that are in need of farm land for grants of land, for amends-making or for meeting other needs as described in Article 24, paragraphs 2 and 3, as well as the size thereof. Where the land offered should fall within promulgated areas, the state may not refuse the purchase of such land up to the proportions of promulgated need of farm lands in terms of area and quality.
(2) A sale proposal in writing with documents certifying ownership attached thereto shall be submitted to the district agricultural office where the property is located.
(3) Within two months the district agricultural office shall send to the notary public responsible for the area where the property is located the owner's sale proposal and the documents annexed thereto as well as a payment order for the price of the property.
(4) (Amended, SG No. 79/1996) The seller and the Minister of Agriculture and the Food Industry, or an authorised proxy of his, shall sign a deed for the sale which shall be registered into the notary records. The notary public shall enter a certification on the payment order and the seller shall fetch the price.
(5) A co-owner shall have the right to sell to the state his part of the property if he files a sale proposal and written evidence and declarations that he has fulfilled his obligations under Article 33 of the Property Act.
(6) The notary public shall send ex-officio to the land board a copy of the registered deed for the sale.
Article 9a
(New, SG No. 45/1995)
(1) (Amended, SG No. 79/1996) In the case of sale of farm land where the seller should set the price outside the order described in Article 9 above, the following succession of buyers shall be observed:
1. a spouse, the seller's lineal or collateral kinsmen up to the sixth degree included in the order of listing;
2. owners of properties contiguous to the property for sale pursuant to the enforceable land division plan;
3. other buyers.
(2) The seller shall present to the notary a copy of the announcement showing observance of the priority of buyers to whom equal terms of the sale have been offered and a declaration in writing that none of the possible buyers with a higher priority has accepted the proposal.
(3) A co-owner of farm land may sell his part of the property to the buyers shown in paragraph 1 above if it is expressly shown in the sale announcement that the requirements of Article 33 of the Property Act have been observed.
(4) The notary public shall send ex-officio to the land board the deed registered in the notary records by virtue of which ownership rights are transferred and other material rights over farm land are created, transferred, modified or discontinued.
(5) Land acquired by municipalities and the state shall be used for transfer to persons without landed property, as compensation or to meet other needs under Article 24, paragraphs 2 and 3.
Article 10
(Amended, SG Nos. 28/1992; 48/1993; 45/1995)
(1) (Amended, SG No. 79/1996) Proprietors or their inheritors shall be reinstated in possession of the farm lands they used to own prior to the institution of Labour Co-operative Farms (TKZS) or State Farms (DZS) and used to be incorporated therein or in other suchlike agricultural organisations set up on the basis thereof.
(2) Proprietors shall be reinstated in their farm land as nationalised under the repealed Article 12 of the Property Act, subject to reimbursement of moneys received in compensation.
(3) Proprietors who donated their land to TKZS or the State shall be reinstated.
(4) Proprietors shall be reinstated in their farm land where unlawfully dispossessed.
(5) (Amended, SG No. 79/1996) Proprietors shall be reinstated in afforested or self-afforested farm land, as well as in lands incorporated without compensation into the state forestry reserve, with the exception of forest nurseries, special purpose forests and forest shelter belts. In tracts of special destination forests proprietors shall be reinstated in possession of arable lands and forest pastures. Such reinstatement shall be effected by way of a decision under Article 14, paragraph 1, item 1.
(6) Proprietors shall be reinstated in farm yards managed as farm land by TKZS, DZS or other TKZS and DZS-based agricultural organisations, in the effaced or abandoned settlements (villages and hamlets).
(7) (Amended, SG No. 79/1996) Proprietors shall be reinstated in possession of lands that used to be incorporated in Labour Co-operative Farms, State Farms, or other suchlike agricultural organisations set up on the basis thereof, and are located within the building development confines of settlements, except where third persons have lawfully acquired the right of property over the lands, or where such projects have been undertaken thereupon which render reinstatement inadmissible, or where the right to build has been ceded and the erection of a lawfully afforded building has commenced. Reinstatement shall be effected by enactment of a decision under Article 14, paragraph 1, item 1.
(8) (Amended, SG No. 79/1996) Proprietors shall be reinstated in farm land up to such proportions as specified by the repealed Article 8, paragraph (1) and Article 10 of the Earned Landed Property Act.
(9) Proprietors shall be reinstated, at their request, in land nationalised as forests and subsequently transformed into farm land.
(10) Proprietors shall be reinstated in land that is polluted, eroded, salinated, with high acid content or with excess moisture in the surface layer, and the expenses for its ecological reclamation shall be borne by the State. The Council of Ministers shall determine the procedure and manner of the ecological reclamation of such land and the control over polluted farm land.
(11) (Amended, SG No. 79/1996) Reinstated in land shall be such persons who have been granted land under the Earned Landed Property Act, including those who have not paid, in part or in full, the instalments due, with the exception of such persons who have lost their rights over such land.
(12) (New, SG No. 79/1996) Proprietors shall be reinstated under the procedure laid down in Article 14, paragraph 1, item 1, in possession of lands that are not built-up and do not represent areas contiguous to buildings in the farm yards of Labour Co-operative Farms, State Farms, or other suchlike agricultural organisations set up on the basis thereof.
Article 10a
(New, SG No. 28/1992; Amended, SG No. 45/1995)
(1) Reinstatement shall be done within the real boundaries of land owned wherever existent or if possible to be established from the Cadastre of settlements or from compensation plans.
(2) Wherever boundaries of land no longer exist, reinstatement in ownership shall be done within real boundaries of farm land of equivalent area on the territory of the respective settlement or an adjacent territory, and upon proprietor's consent, on another territory, following division and consolidation of real estates on it.
(3) Foreign nationals who are reinstated in property pursuant to this Article shall within three years transfer said property to persons under Article 3, paragraph 1.
Article 10b
(1) (New, SG No. 28/1992; Amended, SG Nos. 45/1995; 79/1996) Proprietors of lands that used to be incorporated in Labour Co-operative Farms, State Farms, or other suchlike agricultural organisations set up on the basis thereof, located within the building development limits of settlements or outside such limits and which are built-up or such projects have been undertaken thereupon which render reinstatement in ownership inadmissible, shall be compensated, at their request, with land of equal worth from the state and/or municipal landed reserve, or by terms and procedures as provided by the Transformation and Privatisation of State and Municipal Enterprises Act. The lands to be granted in compensation from the state landed reserve shall be designated by executive order of the Minister of Agriculture and the Food Industry, while those from the municipal landed fund — by an resolution of the municipal council. The respective land board shall furnish the needful information to the Minister of Agriculture and the Food Industry and the municipal council.
(2) Proprietors of land nationalised under the repealed Article 12 of the Property Act, who cannot be reinstated in ownership pursuant to the circumstances stated in the preceding paragraph, shall be compensated by terms and procedures as provided by the Transformation and Privatisation of State and Municipal Enterprises Act.
(3) (New, SG No. 79/1996) Proprietors of lands in the territory whereof reinstatement in ownership of over 60 percent of farm lands is impossible due to the circumstances specified in paragraph 1 above, shall be compensated, at their request, under the terms and procedures of this Act, or by terms and procedures provided for by another act of legislation.
(4) Proprietors dispossessed in land pursuant to Article 8 of the Earned Landed Property Act of April 9, 1946, and not compensated pursuant to Article 14 et seq of the said Act, whose property was not restituted pursuant to Article 10, paragraph 8 of the said Act, shall be compensated by terms and procedures as provided by the Transformation and Privatisation of State and Municipal Enterprises Act.
(5) Land ownership over which cannot be restituted as a result of the circumstances described in the above paragraph shall be the property of the state.
Article 10c
(Amended, SG Nos. 74/1991; 28/1992; 45/1995; 79/1996)
(1) Bulgarian nationals or their heirs whose farm lands have served as a government debt redemption pursuant to the Agreement on the Settlement of Open Financial Issues and Economic Co-operation Development between the People's Republic of Bulgaria and the Kingdom of Greece (SG, No 87 of 1964) shall be indemnified as follows:
1. those who emigrated in the period from 1913 to 1928 — by way of buy-back of the bonds by the state;
2. Bulgarian nationals who emigrated in the period from 1913 to 1928 and who have not obtained bonds and have not been otherwise indemnified — with land from the state landed reserve and/or by the terms and under the procedure of the Transformation and Privatisation of State and Municipal Enterprises Act;
3. those who emigrated in from 1928 to 1944 — with lands from the state landed reserve and/or by the terms and under the procedure of the Transformation and Privatisation of State and Municipal Enterprises Act.
(2) Bulgarian nationals entitled to moneys in compensation under Chapter III of the Settlement of Ownership in Real Estates in South Dobroudja Act (promulgated SG, No 157 of 1942; repealed Izv., No 16 of 1951) shall be indemnified with lands from the state landed reserve and/or by the terms and following the procedures of the Transformation and Privatisation of State and Municipal Enterprises Act.
(3) Persons under the foregoing paragraphs 1 and 2 shall file petitions with the Ministry of Agriculture and the Food Industry by December 31, 1996.
Article 11
(Amended, SG Nos. 18, 28 & 46/1992; 45/1995; 79/1996)
(1) Persons under Article 10 above shall file petitions for reinstatement in farm land within seventeen months from the date that this Act comes into force.
(2) Persons failed to file petitions within the period under paragraph (1) above, shall claim against the respective land board to reinstate ownership of farm land. The land board shall set out the land for restitution of ownership on grounds of the ruling and abiding by this Act.
(3) The claim under paragraph 2 may be filed no later than December 31, 1996.
(4) (Amended, SG No. 79/1996) Where a court ruling is presented to the respective land board later than 14 days following the promulgation in the official State Gazette of an announcement that the land division plan had been drafted, the owner shall be indemnified under the terms and procedures specified in Article 10b.
Article 12
(Amended, SG Nos. 28/1992; 45/1995; 79/1996)
(1) Petitions under the preceding Article shall be referred to the respective land board. Petitions shall contain description of the estate concerned together with evidence of ownership.
(2) Ownership shall be proven by: act of notary, deeds of partition, TKZS protocols, land registers, applications for TKZS membership, rent ledgers protocols and decisions for vesting in landed property, including under the Earned Landed Property Act of 1946 and the Regulation for its application, and other evidence in writing. In the event that differences should be found in the data contained in the documents, the data from the latest documents shall be used.
(3) In the absence of evidence in writing the applicant may attach to his petition a signed statement certified by a notary public to declare his ownership. The signatory shall be liable for misinformation under Article 313 of the Criminal Code.
(4) Every party concerned may establish, under legal procedure, its rights on the real estate restituted under paragraph (3) above, and claim compensation for damages suffered and benefits missed.
(5) The data in the declaration under paragraph 3 shall be verified on site and shall be evaluated by the land board or by the court with a view that all data available of the land in the area; any such evaluation shall also be guided by the requirement for completeness of the description of the property.
(6) (Amended, SG No. 79/1996) In the event that the land claimed should exceed the amount of land available in the area at the time of the establishment of the labour co-operative farms, the state farms and other suchlike agricultural organisations, the Minister of Agriculture and the Food Industry shall be empowered to discontinue the land-division for the purpose of precisely specifying the amount of land due to each claimant, as well as to order a land board to rescind or modify earlier enacted decisions. In such cases persons found to have filed false petitions and declarations shall be held materially liable for damages inflicted as well.
Article 13
(1) (Amended, SG No. 28/1992) Land boards shall post petitions filed with the information presented at municipalities or other appropriate places.
Article 14
(Amended, SG Nos. 28/1992; 45/1995; 79/1996)
(1) A land board shall hand down rulings on:
1. restitution of ownership rights over land within existing old real boundaries or such that are possible to restore. The ruling shall provide description of the size and category of the property, its location (boundaries, neighbours) and any applicable limitations on the property with quotation of the reasons for such limitations. A plan of the property shall be annexed to the ruling;
2. (Amended, SG No. 79/1996) restitution of ownership rights over farm lands within new real confines by means of a land division plan. A ruling shall indicate the size and categories of the farm lands, and the precise locality on the territory within which they used to be. A land division plan shall be drawn up by a contractor on the basis of a land board's resolutions and following a survey, an inquiry and designing.
(2) The Board's rulings shall be notified to persons concerned under the Code of Civil Procedure.
(3) The Board's rulings may be appealed against before the District Court within 14 days of notification. Appeals shall be lodged with the respective land board. The Court shall rule at the substance of the matter.
(4) Where disputes arise on material rights every person concerned shall establish his rights by court action.
(5) In legal proceedings at the District Court all forms of evidence under the Code of Civil Procedure shall be valid as well.
(6) The land board may correct at its own initiative or at the request of interested persons any obvious factual errors made in the ruling under this Article.
(7) (Amended, SG No. 79/1996) Where infractions of the law shall have been ascertained and/or new circumstances or new written evidence shall have been found that are of substantial significance for handing down a ruling under paragraph 1, a land board shall be empowered, at its own initiative or at the request of the concerned persons, within one (1) year following the emergence of such new circumstances, or new written evidence, or the ascertainment of the infractions of the law but not later than two (2) years following the handing down of a ruling, to make a new ruling amending the previous one. This procedure shall not apply where a court ruling has entered into force in respect of the same lands.
(7a) (New, SG 79/1996) Interested persons shall have the right to require, under the conditions and following the procedure laid down in paragraph 7 above, that a land board modify the persons in favour or to the prejudice of whom their ruling has been handed down.
(8) (Amended, SG No. 79/1996) The rulings under paragraphs 6 and 7, as well as under Article 12, paragraph 6, shall be made known following the procedure described in paragraph 2 and may be appealed in the manner and within the terms laid down in paragraph 3. Where the rulings are handed down following the promulgation in the official State Gazette of the announcement that the land division plan has been drafted and the 14-day time-limit for lodging an appeal has expired, the owners shall be indemnified under the terms and procedures specified in Article 10b.
(9) (Amended, SG No. 79/1996) A land board shall be represented before the court by the president or secretary thereof, or by a duly authorised person having a degree in law, or by the Ministry of Agriculture and Food Industry.
Article 15
(Amended, SG Nos. 28/1992; 45/1995; 79/1996)
(1) Municipal Councils shall, within six months of the date this Act comes into force, provide land boards with information on changes in the area of farm land within the respective territory.
(2) (Amended, SG No. 79/1996) Proprietors, at their request, shall be indemnified for the differential between the land under rightful claim and land received in restitution with equivalent lands from the state and/or municipal landed fund and/or by the terms and procedures provided for by the Transformation and Privatisation of State and Municipal Enterprises Act. Lands shall be appraised under such terms and procedures as prescribed by the Council of Ministers in consideration of the current market prices in the respective area.
(3) (Amended, SG No. 79/1996) Owners shall be indemnified under the procedure specified in paragraph 2 also where the court ruling by virtue whereof their right to restitution of ownership of farm land has been acknowledged has been presented to the land board later than 14 days following the promulgation of an announcement in the official State Gazette that a land division plan has been drafted.
(4) Legal persons who have worked out or keep and maintain cadastral topographic and geodetic information on the territories of settlements, shall submit it to the state authorities within 10 days from request. Information shall be submitted free of charge, with the exception of the expenses incurred for producing copies of the documentation.
Article 16
Land boards shall keep registers of petitions filed pursuant to Article 11 above, and rulings become effective under Article 14 above.
Article 17
(Amended, SG Nos. 28/1992; 45/1995; 79/1996)
(1) Ownership of farm land within new real boundaries shall be restituted using land similar in quantity and quality, appropriately reduced in the cases under Article 15, paragraph 2 and if possible located in the areas where the properties of the petitioners had been located at the time of their inclusion in TKZS, DZS or other organisations based on them. The new real boundaries shall be established with the land division plan. Restitution of property shall be made by a ruling of the land board on the basis of a land division plan that has entered into force. Said ruling shall include description of the size and category of the farm land, its location, confines, neighbours, as well as limitations on the property and the reasons for such limitations. A plan of the property shall be annexed to the ruling.
(2) Whenever the ruling under Art 14, paragraph 1, item 2 has been issued in the name of a deceased owner his legal heirs may divide among themselves the lands determined by the ruling for restitution of property. The contract of division shall be in writing and the signatures of the parties thereto shall be notarised. Until promulgation in the State Gazette of the announcement of the land division plan the heirs may require from the land board to issue a ruling under paragraph 1 for each of them pursuant to his or her rights as established by the contract of division.
(3) (Amended, SG No. 79/1996) By written request of such land-owners to whom a ruling under Article 14, paragraph 1, item 1 has been issued, or partitions have been effected following the procedure under paragraph 2, their lands, located within one and the same locality shall be grouped together by virtue of the land division plan and placed in adjacency to each other provided that other persons' rights are not thuswise violated.
(4) (Amended, SG No. 79/1996) Separate land division plans shall be adopted in respect of territories occupied by perennial crops, rice fields and canal equipment, which shall be part and parcel of the land division plan for the entire territory under the following conditions: persons who have received perennials by virtue of a land division plan shall be entitled to receive a loan for the payment thereof by the terms and under the procedure of Article 13, paragraph 1, item "c" of the Agricultural Producers' Protection Act.
(5) In the land division plan the lands of any particular owner shall be placed in one location. The other requirements to which the land division plan should conform and the manner of its development shall be established with the Regulation for the application of the Act.
(6) Restitution of property shall take place after harvesting of the crop unless the proprietor pays compensation.
(7) (Amended, SG No. 79/1996) Prior to entry into force of the land division plan petitioners who have been issued a ruling under Article 14, paragraph 1, item 2, or where partitions have been effected under the procedure laid down in paragraph 2, may be put in possession of farm lands in such proportions as shall not exceed the ones specified in the ruling.
(8) (Amended, SG No. 79/1996) A land division plan that has come into force may be amended by an executive order of the Minister of Agriculture and Food Industry in the event of:
1. a factual error;
2. a violation of the law — within two years.
(9) (New, SG No. 79/1996) Concerned citizens who have failed to appeal against enacted land division plans prior to the promulgation of this Act, shall have the right to make an appeal within another three-month time-limit.
Article 18
(New, SG No. 45/1995) Proprietors of farm land located within consolidated plots of perennial plots, rice fields and irrigation facilities shall not destroy them prior to the expiry of their amortisation period, except with the permission of the Minister of Agriculture and the Food Industry. Such proprietors shall manage them by executing all applicable agrotechnical and agrochemical operations.
Article 19
What farm land remains after proprietors have been reinstated, shall remain as part of the municipal land reserve.
Article 19a
(New, SG No. 45/1995)
(1) (New, SG No. 79/1996) Indemnification shall be effected with lands from the state or municipal land reserve in proportion to the factual availability of landed funds in the respective territory.
(2) Compensation with land from the state or municipal land reserve shall be conducted by the land board in the following order:
1. agricultural specialists and persons aged 35 or less who undertake to conduct agricultural business for a period of ten years;
2. persons occupied with agriculture in the settlement the lands of which are being provided as compensation;
3. persons who are members of co-operatives or companies carrying out agricultural business in the settlement the lands of which are being provided as compensation;
4. other persons entitled to compensation.
(3) The other terms and procedure of compensating with land from the state and municipal land reserve shall be established with the Regulation for the application of this Act.
Article 20
(1) (Amended, SG Nos. 45/1995; 79/1996) Landless persons and small proprietors shall be granted land by respective land boards from the national and municipal land reserves by way of transferring the property rights or leasing out by such terms and under such procedure as shall be prescribed in an ordinance enacted by the Council of Ministers.
(2) (New, SG No. 79/1996) The size and locality of lands to be granted shall be specified by the Minister of Agriculture and Food Industry on a motion by the land board as regards lands belonging to the state landed reserve, and by the municipal council where lands constituting municipal landed funds are concerned, in proportion to the factual availability of landed funds in the respective territory. Same authorities shall specify what part thereof shall be transferred in possession or leased out.
(3) (New, SG No. 79/1996) Land shall be granted within the territory of the settlement where a person takes up his permanent abode, or where his farm lands have been reinstated, as well as within neighbouring territories.
(4) Persons thus vested with landed property may not transfer said property before the expiry of 10 years of the date of acquisition unless the transfer is made to the State or the local Municipality.
Article 21
(1) (Amended, SG Nos. 28/1992) Among persons eligible to be thus vested with property, preference shall be given, as follows:
1. persons who are engaged in farming in a local settlements;
2. persons, residing permanently in a local settlement, who have relinquished land to the land reserve in another settlement;
3. graduates in farming and young couples who undertake to engage in farming;
4. persons dispossessed of farm land for state or public policy needs.
(2) Among applicants of the same category, preference shall be given to those who do not own any land or own less by comparison with others.
(3) A land board's rulings on petitions shall be notified to persons concerned pursuant to the Code of Civil Procedure and may be appealed against pursuant to Article 14 above.
Article 22
Persons outside categories under the preceding article shall be vested with property rights in land subject to a ruling of the land board on results of auction held according to rules set by the Council of Ministers.
Article 23
(Amended, SG No. 79/1996) Where land is granted, ownership shall be acquired upon the entry into force of the ruling handed down by the relevant land board. Said ruling shall be entered into the registers of a Public Notary's office. A lawful instalment mortgage shall be given on the property until the moneys due for the grant of land are repaid.
Chapter Three
LAND OF THE STATE, MUNICIPALITIES,
CO-OPERATIVES AND OTHER LEGAL PERSONS
Article 24
(1) (Amended, SG Nos. 28/1992; 45/1995; 79/1996) The State shall retain its ownership of farm lands according to the status quo at the time of entry of this Act into force, with the exception of the lands subject to restitution. The Minister of Agriculture and Food Industry shall exercise the owner's rights in respect of lands included in the state landed fund.
(2) (Amended, SG No. 79/1996) The property rights of the State over farm lands allotted to research, research and manufacture, and academic institutions, inclusive of the Ministry of Transportation, to the penitentiaries, to seed production and pedigree animal farms, fruit tree nurseries, pepper nurseries, forest nurseries and hunting estates, inasmuch as are necessary for their activities, shall be retained in such proportions as correspond to such institutions' basic nature of business and as determined by the Ministry of Agriculture and Food Industry following consultations with all administrations concerned.
(3) The State's ownership of farm land allotted to the Ministry of Defence, the Ministry of the Interior and other departments directly pertaining to national defence and security, shall be retained on territories and in size determined by the Council of Ministers on a motion by the Minister of Defence, or by the Minister of the Interior, respectively, or by the head of the respective department.
(4) Proprietors shall not be reinstated in ownership of farm land such as is part of reserves under the Environmental Protection Act or other protected areas of national and international importance for environmental protection, including land, and below the surface thereof, of immovable archaeological sites and cultural heritage.
(5) The lands under paragraphs 2, 3 and 4 shall be the property of the state. These may only be used for the purposes for which they had been granted. The users of such lands shall not be entitled to permit other persons to use such lands.
(6) Proprietors under paragraphs (2), (3) and (4) above shall be granted compensation pursuant to Article 10b, paragraph (1).
Article 25
(1) (Amended, SG No. 45/1995) Farm land, outside such as is owned by individuals, legal persons or the State, shall be municipal property.
(2) Municipalities shall be reinstated in ownership of farm land of which they were dispossessed to benefit DZS, TKZS, agro-industrial complexes (APK), agricultural companies and, also, state forest estates where such have been included as part of the State Forest Reserve, except if these are forest nurseries, protective forest belts and special purpose forests.
Article 26
(Amended, SG Nos. 28/1992; 45/1995) The Ministry of Agriculture and land boards may grant usufruct in state and municipal land to individuals where such land is in low-productivity or depopulated areas as determined by the Council of Ministers. Users, who have cultivated such land for a period over 10 years, may be granted ownership subject to a resolution of the Municipal Council and by order of the Ministry of Agriculture and the Food Industry, when ownership of land from the State Land Reserve shall be granted.
Article 27
(1) (Amended, SG Nos. 28/1992; 45/1995; 79/1996) Proprietors of land incorporated in labour co-operative farms and state farms, members of labour co-operative farms or of other agricultural organisations set up on the basis thereof, as well as all persons in legal labour relations with them, shall be entitled to a share of such entities' property. Shares shall be assessed on the basis of a person's contribution to the acquisition thereof: contributed land, perennials, length of service and moneys paid up for the acquisition of machinery and equipment not cleared by subsequent payment. The distribution of shares shall be effected under the terms and procedures laid down in the Regulations for the Implementation of this Act, in equal proportions of contributed land and length of service and following the reimbursement of moneys provided for the acquisition of machinery and equipment not cleared by payment. Where a rightful claimant has not made contributions of land and fixed assets, his years of service shall be taken into account, provided they are not less than five (5).
(2) Members of co-operative farms shall have the right to withdraw their shares at termination of membership.
(3) Persons, and their inheritors, who have terminated their membership before this Act comes into force shall also be entitled to shares.
(4) The persons under paragraph 1 may execute a written contract for entering their shares in a co-operative or commercial company of which they are members. The co-operative or company may receive property of the organisation under § 12 of the Transitional and Concluding Provisions against the sum total of the shares contributed by their members. The property received shall be the property of the co-operative or company and its value shall be registered as shares of the members of the co-operative or shareholders in proportion to their rights. In the event of termination of membership in a co-operative or commercial company, these shares shall be returned to the co-operative under the terms, conditions and procedure established by the Co-operatives Act and the statute of the co-operative, or the terms of the Trading Act and the statute of the company.
(5) Whenever several persons under paragraphs 1 and 4 have requested the granting of an item related to agricultural production against shares in the organisation under § 12 of the Transitional and Concluding Provisions, priority shall have those who manufacture agricultural produce or offer manufacturing services related thereto; and if several persons should meet that requirement, priority shall have those who cover a larger part of the value of the requested item.
(6) (Amended, SG No. 79/1996) Persons who have taken possession of buildings from the property of the organisations under § 12 of the Transitional and Concluding Provisions, shall be also entitled to utilise gratis, as of the day of acquisition of the buildings, the non-built portion of land surrounding such buildings within such proportions as are set by the law for a period of one (1) year following the entry into force of the land division plan. They can acquire the property over that land and over the built-up portion of it by way of:
1. a ten-year instalment plan involving payment by equal annual instalments of the outstanding amount increased by 20 per cent of the annual inflation rate;
2. indemnification for the land wherein property rights cannot be restituted in result of circumstances described in Article 10b, Article 15, paragraph 2, Article 24, paragraph 6 and Article 29, paragraph 1;
3. submitting of an equal amount of land to the state landed fund. If the person in question is a juristic person, such submission of land may be effected by its members following the appropriate procedure.
(7) Whenever the person under paragraph 6 is a legal person, the compensation under item 2 of that paragraph can be made to its members who are eligible for compensation.
Article 28
(1) (Amended, SG Nos. 28/1992) TKZS shall be reinstated in ownership of farm land, fixed and financial assets, etc. as dispossessed of them or of based on them DZS to benefit other entities.
(2) Where such property is an indivisible part of existing assets and the project has not changed its purposes since its foundation, it shall be restituted to the proprietor who will reimburse the difference in value.
(3) Where TKZS property was transferred to DZS, tractor depot or other state-owned organisations, and has since become part of corporate property, TKZS share in equity, or that of its legal successor, shall be determined in proportion to property transferred by TKZS to DZS or other state-owned organisations.
(4) Paragraph (4) is repealed.
(5) Paragraph (5) is repealed.
Article 29
(1) (Amended, SG Nos. 28/1992) The Bulgarian Orthodox Church and the other religious denominations, co-operatives and other organisations, shall, at their request, be reinstated in ownership of farm land, as dispossessed, unless such land has since been lawfully built up for purposes other than farming, or granted to individuals. In such cases the above organisations shall be compensated with land equal in quality and area from the State or Municipal Land Reserves. In the absence of such appropriate land compensation shall be conducted by terms and procedures as provided by law.
(2) Subject to consent of the organisations under paragraph (1) above, reinstatement in ownership may be done elsewhere in the country.
Article 30
Proprietors of farm land, contributed to a co-operative, shall be entitled to receive rent such as provided by the By-laws or Articles of Association of the co-operative.
Chapter Four
LAND PROPERTY AUTHORITIES
Article 31
(Amended, SG No. 28/1992) The Land Property Authorities shall be the Ministry of Agriculture and land boards.
Article 32
(Repealed, SG No. 28/1992)
Article 33
(1) (Amended, SG Nos. 28/1992; 45/1995; 79/1996) Land boards shall be bodies of the Ministry of Agriculture and the Food Industry. They shall be appointed, established, re-established and disbanded by the Minister of Agriculture and Food Industry. He shall appoint and dismiss the president, secretary and members of such boards.
(2) (Amended, SG No. 79/1996) Land boards shall restitute property over lands under the provisions of this Act, shall maintain and update land division plans and other materials and data obtained in result of the enforcement of this Act, shall issue land plans for usufruct transactions and division of farm lands and shall conduct such other activities as prescribed by the Regulations for the implementation of this Act.
(3) (New, SG No. 79/1996) Performance of activities related to maintenance and update of land division plans and of other materials and data obtained in result of the enforcement of this Act, shall be assigned by the Minister of Agriculture and Food Industry, or by persons duly authorised by him, on a motion by the land board to licensed contractors within one (1) month following the entry into force of land division plans.
(4) (New, SG No. 79/1996) The powers of the Minister of Agriculture and Food Industry relative to the implementation of this Act may also be exercised by persons authorised by him in writing.
(5) The Minister of Agriculture and Food Industry shall determine the employed strength, the functions and tasks of land boards in connection with the need to maintain, amend and up-date land division plans.
ADDITIONAL PROVISIONS
(New, SG No. 79/1996)
§ 1 Absence of written evidence as construed in the accepted meaning of Article 12, paragraph 3 shall be available in such events where the documents described in Article 12, paragraph 2 have been destroyed or lost through no fault of the land-owners.
§ 2 The usufruct of farm land the ownership wherein has been reinstated under this Act shall be enjoyed pursuant to a land board's ruling under Article 14, paragraph 1, item 1, or under Article 17, paragraph 1.
§ 2a In the accepted meaning of this Act undertaken projects that render inadmissible reinstatement in ownership shall be such construction, civil engineering and other activities with a view to the performance whereof it is allowable by the national law to have in the continuance of their performance the right of ownership over lands alienated for purposes of the state or the municipality, as well as the presence over such lands of third persons' subjective rights wherewith the restitution of property is incompatible.
TRANSITIONAL AND CONCLUDING PROVISIONS
§ 3 (Amended, SG Nos. 28/1992; 45/1995)
(1) Disputes on the use of land of the State and Municipal Land Reserves, or on boundaries between the settlement territories, shall be settled according to the general legal procedure.
(2) Until the dispute over boundaries between settlement territories is resolved land division shall be made on the basis of the settlement territory confines established by the Unified Cadastre of the Republic of Bulgaria Act.
(3) In the event that settlement territory confines are amended by a court decision that has entered into force, the farm land reduction made by the land board under Article 15, paragraph 2 in the respective settlement territory shall remain into force.
(4) Court rulings on amending confines of settlement territories for which land division plans have already come into effect, shall not be reflected in the restituted rights of proprietors.
§ 4 (Amended, SG Nos. 28/1992; 45/1995)
(1) Individuals who on August 17, 1990 are in usufruct in farm land granted to them under acts issued by the Presidium of the National Assembly, the State Council and the Council of Ministers, may acquire ownership of such land including when such land should belong to the State Forest Reserve.
(2) Acquiring ownership shall occur in any of the ways described below as chosen by the user:
1. payment to the municipality of jurisdiction of the land at prices set by the Council of Ministers, and any improvements made by the users shall not be apprised;
2. submission by the user of land equal in size and quality to the state or municipal land reserve. The equivalency of the submitted land shall be assessed by the land board within whose jurisdiction the land falls and on the ground of applicable mean prices set by the Council of Ministers;
3. compensation by means of the land subject to usufruct for land that cannot be restituted to the user in the cases described in Article 106, Article 15, paragraph 2, Article 24, paragraphs 2, 3 and 4 and in the cases described in Article 10c.
(3) Paragraphs 1 and 2 shall apply also in respect to the persons using land under Article 3 of Decree No. 4 of the Council of Ministers of 1988 (promulgated, SG No. 19 of 1988, amended, No. 34 of 1990).
(4) Payment under paragraph 2, item 1 and filing of petition under paragraph 2, items 2 and 3 may be made within one year of the entry into force of this Act. After that land boards may restitute property to former owners by ruling under Article 14, paragraph 1, item 1. Land, property over which has not been restituted and which has not been acquired by user shall be the property of the municipality. The property may sell such land by decision of the municipal council that shall not be subject to referendum. Relationships between user and proprietor shall be settled under Article 72 of the Property Act.
(5) The user may acquire ownership of the farm land in usufruct within the amount granted for usufruct but not exceeding 1.2 decares.
(6) Users who have acquired ownership shall not transfer that land or use it as bank guarantee and shall not create limited material rights on it for a period of ten years, except when such transactions are in favour of direct relatives, the state or the municipality.
§ 4a Individuals shall be reinstated in ownership of land granted to them for usufruct under the acts stated in §4, paragraph 1 if their old former borders are existent or can be recovered pursuant to Article 10a, paragraph 1 and that land has not been built upon or has not been planted with perennial crops. This shall not apply when the family of the persons enjoying usufruct are not in possession of any other land.
§ 4b The municipality shall issued a certificate of payment under § 4, paragraph 2, item 1. Until a deed is issued this certificate will serve as proof of the acquiring of the property.
§ 4c (1) The persons enjoying usufruct shall submit to the state or municipal land reserve equivalent land and will file an application with the municipality where the usufruct land is located and shall send a copy of that application to the land board for the area where his own land is located.
(2) The land board for the area where the user's own land is located shall add the land submitted by the user to the Municipal Land Reserve whenever the user's own land and the land subject to the usufruct are within one and the same municipality, or to the State Land Reserve, whenever the pieces of land are located in different municipalities.
(3) The land board shall inform the Ministry of Agriculture and the Food Industry of the lands added to the State Land Reserve, and the respective municipality of lands added to the Municipal Land Reserve.
§ 4d (1) Whenever the one decision to reinstate property has been issued for all legal heirs of a deceased owner and the share of the user is insufficient for him to acquire ownership of the usufruct land, lands may be entered in the state or municipal land reserve by several or all legal heirs irrespective of the fact that some of them may not be users.
(2) In the event that the user has only been issued a ruling under Article 14, paragraph 1, item 2, the land board shall record in the land division plan the reduction of his land and the increase in the state or municipal land in the settlement territory.
§ 4e Compensation under § 4, paragraph 2, item 3 shall be made by decision of the land board for the municipality where the usufruct land is located on the grounds of an application by the user. The application must be accompanied by a ruling of the land board by virtue of which the user has been refused restitution of property as a result of existence of the circumstances described in Article 10b, Article 15, paragraph 2 or Article 24, paragraphs 2, 3 and 4. Whenever compensation under Article 10c is sought, the application shall also include a copy of the petition to the Ministry of Agriculture and the Food Industry.
§ 4f (1) Individuals who have been granted usufruct of to or more properties may acquire ownership only of any one of those properties.
(2) Usufruct granted to legal persons under the acts specified in § 4, paragraph 1 shall be terminated.
§ 4g Individuals whose ownership of farm land cannot be restituted as a result of the user's acquiring ownership, shall receive compensation in any of the following ways of their own choice:
1. in cash from the municipality where their land is located at prices established by the act of the Council of Ministers issued under § 4, paragraph 2, item 1. The compensation payable by the municipality shall not exceed the amount which it has received from the users;
2. with investment bonds under §6, paragraph 3 of the Transitional and Concluding Provisions of the Transformation and Privatisation of State and Municipal Enterprises Act;
3. with farm land from the state or municipal land reserves.
§ 4h (Repealed, SG No. 45/1995)
§ 4i (Repealed, SG No. 45/1995)
§ 5 Leases shall be honoured where land under lease is to remain as possession of or in use by the lessor. Should the opposite be the case, the lease shall be terminated as the rightful proprietor comes into possession, but in no case earlier than the crop has been gathered.
§ 6 Persons, vested with property in land pursuant to this Act, may not lease or let their land before the expiry of five years of the date they come into possession thereof.
§ 7 (1) (Repealed, SG No. 57/1995).
(2) Annuity receipts from farm land shall be deducted from the sum dutiable to income tax.
(3) Natural persons shall be exempt from tax on buildings erected on farm land for a period of five years from the date of their entering into possession.
(4) Young families shall be exempt from income tax on farming receipts from vegetable and animal products for a period of eight years since the entering in force of this Act.
§ 8 (New, SG No. 28/1992) The inheritors of persons reinstated in ownership of farm land under this Act shall be exempt from inheritance tax.
§ 9 (New, SG No. 28/1992) Farm land subject to reinstated ownership under Article 10 of this Act and considered as forests in the sense of the Forestry Act, shall be subject to the provisions of the Forestry Act and the Hunting Estates Act.
§ 10 (New, SG No. 28/1992; Amended, SG Nos. 45/1995; 79/1996) Farm lands the ownership wherein has been reinstated under the provisions of this Act, and which are construed as forests in the accepted meaning of the Forestry Act may, at their proprietors' request, be commuted for other farm land from the landed reserve of the respective settlement or within the territory of an adjacent settlement, and by the proprietors' consent — within a different territory just as well.
§ 11 (New, SG No. 28/1992; Amended, SG No. 45/1995)
(1) All transactions concluded in violation of the Decision of the National Assembly on Temporary Halting of Disposal with Property (SG No. 1 of 1992) shall be null and void.
(2) All auctions of property of organisations under § 12, held in violation of the terms and procedures specified for them, as well as any deals made on the basis of such auctions shall be null and void. Such property shall be confiscated under Article 16 of the Property Act by order of the district governor.
(3) Subject to annulment shall be deals with property of organisations under § 12 made by liquidation councils at obviously unfavourable terms. Annulment claims may be filed within one year of the entry into force of this Act by any of the persons under Article 27, paragraph 1 or on their behalf by a co-operative or company of which they are members of shareholders.
§ 12 (New, SG No. 28/1992) Terminates all existing TKZS and farm co-operatives established under § 7 of the Transitional and Concluding Provisions of the Co-operatives Act. Terminates all existing organisations and companies registered under Decree No 922 on Land Use and Farming (promulg. SG, No 39/1989; ammend. No 10/1990; repeal. No 63/1991) and Decree No 56 on Economic Activity with property and share in equity of farming teams, farm co-operatives, TKZS, tractor depot, APK and agricultural institutes. Terminates the existence of co-operatives registered under the Co-operatives Act, when the provisions under Article 33, paragraph (3) of that Act have not been observed and contribution of farm land has been envisaged in their By laws.
§13 (New, SG No. 28/1992; Amended, SG Nos. 48/1993, 45/1995)
(1) The liquidation of the organisations under § 12 shall be carried out by Liquidation Councils, composed of a chairman and up to two members.
(2) The members of the Liquidation Councils shall be dismissed and appointed by the Minister of Agriculture upon a proposal by the regional agricultural offices in consultation with the respective mayors of communities. The Minister of Agriculture shall also make changes or shall fill in vacancies in the respective Liquidation Council on his own initiative through a procedure to be determined by the Council of Ministers.
(3) The Liquidation Councils shall terminate their activities with the deletion of the organisations under § 12 from the register of the respective district court.
(4) The regional agricultural offices shall, in consultation with the respective mayors of communities, forward to the Minister of Agriculture within one month of the entry into force of this Act a reasoned proposal on changes or filling in of vacancies in the respective Liquidation Councils.
(5) The Liquidation Council shall:
1. organise and manage the activities of the organisation under § 12 until its deletion from the register of the respective district court and shall have the rights and obligations of the Managing Board, while the Chairman of the Liquidation Council shall execute the rights and obligations of the organisation's head;
2. determine the shares under Article 27, paragraph (1) and grant ownership or coownership of property based on such shares;
3. distribute the in-kind property among the persons possessing the right to a share in accordance with the shares owned by them;
4. undertake other actions pertaining to liquidation under the Regulations for the Implementation of this Act.
(6) The Liquidation Councils shall file with the respective district courts applications for deletion of the organisations under § 12 immediately after the ending of the liquidation activities.
(7) The Minister of Agriculture shall carry out the guidance and supervision of the activities of the Liquidation Councils. The Minister of Agriculture and the Food Industry or a person duly authorised by him may revoke acts of the liquidation councils, including after termination of the latter within one year of the entry into force of this Act. He shall determine the final deadline for their work in accordance with the liquidation activities performed.
(8) The members of the Liquidation Councils shall be liable jointly and severally for the damages they have caused to the organisations under § 12 and to the persons possessing a share in the property. Persons eligible to receive shares may empower co-operatives or companies of which they are members to file claims under this paragraph on their behalf. Such claims shall be exempt of state fees.
(9) Within one year of the entry into force of this Act the Ministry of Finance shall organise and carry out financial control of the organisations under § 12 of the Transitional and Concluding Provisions, including after such organisations are terminated. The funds necessary for exercising financial control shall be allocated from the state budget. The audit statements and penal statements shall also be sent to the Ministry of Agriculture and the Food Industry. Within the legal process in respect to claims under paragraph 8 the factual findings in audit statements shall be considered true until proved false.
§14 (New, SG No. 28/1992; Amended SG No. 43/1993)
(1) The obligations of the organisations under § 12 to the banks with state participation, as existent by December 31, 1992, shall be converted to state debt under terms and procedures to be determined by the Council of Ministers.
(2) The State shall assume the rights of the organisations under § 12 for all their claims towards third parties natural or legal persons which have arisen by December 31, 1992.
(3) Movable and immovable property of liquidated TKZS necessary for their activities may not be subject to execution.
§15 (New, SG No. 28/1992)
(1) Within two years since reinstatement of ownership the area of land owned and acquired through legal deals may not exceed 300 decares per family.
(2) Limits to area of land owned under the preceding paragraph shall not pertain to estates subject to inheritance.
§16 (Amended, SG No. 79/1996)
(1) Court proceedings under this Act shall be free with the exception of the ones under Article 14, paragraph 4. State fees shall not be collected for attestation deeds conveying restitution of ownership and for certifications of signatures by notaries and mayors required under this Act.
(2) Revenues generated from drawing-up notary deeds under paragraph 1 containing partition plans, and from other activities related to the maintenance and update of land division plans shall be paid into the "Agriculture" State Fund.
§ 17 Financing required for the enforcement of this Act shall be provided from the state budget, as requested by the Council of Ministers.
§ 18 (New, SG No. 48/1993) A "Residential property" for the purposes of Article 10, paragraph 7 shall mean a housing unit and the right to build within the construction confines of the communities.
§ 19 This Act is hereby assigned for enforcement to the Council of Ministers which shall issue Regulations for the Implementation thereof.
This Act was submitted to a vote and duly adopted by the Grand National Assembly on March 20, 1992 and the State Seal was affixed hereto
REPUBLIC OF BULGARIA
NATIONAL ASSEMBLY
AMENDMENT ACT TO THE
OWNERSHIP AND USE OF FARM LAND ACT
Promulgated State Gazette No. 28/20.03.1992
TRANSITIONAL AND CONCLUDING PROVISIONS
§ 40 The sentence "No charges shall be payable for court proceedings pursuant to this Act" shall be added to the end of Article 7 of the Property Reinstatement of Nationalised Immovables Act.
§ 41 Within one month from the date that this Act comes into force the Council of Ministers shall revoke land expropriations for state purposes, when the expropriated land has not been used for such purposes or they have dropped off.
REPUBLIC OF BULGARIA
NATIONAL ASSEMBLY
AMENDMENT ACT TO THE
OWNERSHIP AND USE OF FARM LAND ACT
Promulgated State Gazette No. 45/16.05.1995
Amended SG No. 79/1996
TRANSITIONAL AND CONCLUDING PROVISIONS
§ 28 (1) (Amended, SG No. 79/1996) With the entry into force of this Act liquidation councils shall be terminated and the organisations under § 12 of the Transitional and Concluding Provisions of the Ownership and Use of Farm Land Act shall be deleted from the registers of district courts. The members of liquidation councils shall not receive compensation under Article 220, 222 and 224 of the Labour Code. Disputes arising out of dismissals of members of liquidation councils shall not be examined by the courts. Pending cases and pending execution proceedings whereto organisations under § 12 of the Ownership and Use of Farm Land Act are defendants or debtors shall be discontinued, while those to which they are plaintiffs or claimants may be continued by the persons under § 29, paragraph 1.
(2) (Amended, SG No. 79/1996) Property of organisations under § 12 of the Transitional and Concluding Provisions of the Ownership and Use of Farm Land Act shall be the joint property of persons under Article 27, paragraph 1, commensurate with their rights, with the exception of perennials following the restitution of ownership over the land whereupon they have been planted. The shares of persons who are not to receive perennials shall be equalised by supplementation of other property in compensation. The General Assembly of persons under Article 27, paragraph 1 shall be empowered to adopt changes to the assessment of property of organisations under § 12 of the same Act. Each person under Article 27, paragraph 1 shall enjoy the rights under Article 28 commensurate with his share in the property of an organisation under § 12. A person may delegate such rights as well as authorise a co-operative or a company of which he is a member or a shareholder to exercise such rights at his expense and account, inclusive of the right to file claims in connection therewith.
(3) (Amended, SG No. 79/1996) Persons who have effected ameliorations of real estates belonging to organisations under § 12 of the Transitional and Concluding Provisions of the Ownership and Use of Farm Land Act, shall have the right to request that the owner repays to them the cost of such ameliorations under the provisos of Articles 72 and 74 of the Property Act or Article 59 of the Liabilities and Agreements Act.
(4) The documents of the organisations under § 12 of the Transitional and Concluding Provisions shall be handed over as per document lists to the mayors of the municipalities where such organisations have their principal offices and shall be kept by them. Mayors shall provide information to interested parties on the grounds of such documents. They shall present all documents of organisations under § 12 to the persons under § 29, paragraph 1 upon their request.
(5) Banks, other legal persons and sole traders may deduct from their taxable profits any amounts due to them by organisations under § 12 of the Transitional and Concluding Provisions for three years after the deletion of such organisations from the registers.
(6) (New, SG No. 79/1996) No Value Added Tax shall be due for mechanised farming services provided but not paid for, and for seeds, fertilisers and preparations (chemicals) sold to organisations deleted from court registers under paragraph 1 hereinabove. The liabilities of such organisations to the state and municipal budget shall be written off as uncollectibles.
§ 29 (1) (Amended, SG No. 79/1996) Where a person or a group of persons under Article 27, paragraph 1 are not willing to receive a certain chattel of property belonging to an organisation under § 12 of the Transitional and Concluding Provisions of the Ownership and Use of Farm Land Act, the General Assembly of the persons under Article 27, paragraph 1 may authorise in writing persons to have such chattel sold. Sale of motor vehicles and immovable property (real estate) shall be made by an agreement in writing and shall require a notary certification of the parties' hands. The price fetched shall be allotted to the persons under Article 27, paragraph 1 commensurate with their rights. Prescription time for acquisition of shares under Article 27, paragraph 1 shall be five (5) years effective as of the date of termination of an organisation under § 12. Following the expiry of such term all remaining property shall be apportioned to all remaining persons under Article 27, paragraph 1 commensurate with their rights.
(2) (Amended, SG No. 79/1996) Persons under paragraph 1 may receive from debtors to organisations under § 12 of the Transitional and Concluding Provisions of the Ownership and Use of Farm Land Act in exchange of their debt shares or stakes in their capital, or chattels which they shall apportion to the persons under Article 27, paragraph 1.
(3) (New, SG No. 79/1996) Persons under paragraph 1 shall have the right to transfer to persons under Article 27, paragraph 1, and by their consent to other persons as well, collections of organisations deleted under § 12 of the Transitional and Concluding Provisions of the Ownership and Use of Farm Land Act, inclusive of their rights under Article 28 of the same Act. Such transfer shall be effected in exchange of their share in the property of the deleted organisations by way of an agreement in writing.
(4) A General Assembly shall be held in the settlement where an organisation under § 12 of the Transitional and Concluding Provisions used to have its principal office. The General Assembly shall be called by at least 50 persons eligible to receive shares, or by the mayor of the settlement where the organisation under § 12 of the Transitional and Concluding Provisions had its principal office, by announcement published in the local or national media. In the event that more than half of the persons eligible to attend the meeting should fail to appear on the announced date and time, the General Assembly shall be postponed for the next day and may sit on that day with the same agenda and adopt decisions irrespective of the number of persons attending it. Decisions shall be adopted by open ballot and simple majority of those in attendance. Each person shall have the right to one vote. Heirs of a person eligible to receive shares shall have the right to one vote in the General Assembly and shall be counted as one when the quorum is established. The minutes of the meeting shall be certified by the mayor of the settlement.
(5) Whenever many persons are eligible to attend a General Assembly or the operation of the organisation under § 12 has covered several settlements, a meeting of authorised representatives may be called which shall be governed by the preceding paragraphs. The number of authorised representatives may not be smaller than 100. The number of persons represented by one representative shall be determined by the mayor of the settlement where the organisation under § 12 had its principal office, or by the General Assembly.
(6) (New, SG No. 79/1996) The persons under paragraph 1 shall be jointly liable materially for damages they have inflicted to persons entitled to a share of the property of organisations under § 12 of the Transitional and Concluding Provisions of the Ownership and Use of Farm Land Act, inclusive of the damages inflicted to the state property husbanded by them.
(7) (New, SG No. 79/1996) The persons under paragraph 1 shall report to the General Assembly on the husbandry and manage, and allocation of property. The General Assembly shall adopt the statement on the closure of their activities and may decide that a financial audit be carried out, where the expenditures for such audit shall be borne by the persons under Article 27, paragraph 1.
§ 30 (1) The rulings of land boards on restitution of ownership issued prior to the entry into force of this Act shall remain in force on the terms described in Article 14.
(2) (Repealed, SG No. 79/1996)
(3) The transactions announced null and void under the former §11 of the Transitional and Concluding Provisions, shall be valid if the parties to such transactions have not returned items they have received under those transactions prior to the entry into force of this Act.
(4) Land division plans which have not come into effect on the day of entry into force of this Act shall be prepared under the requirements of this Act.
§ 31 Everywhere in the Act "Ministry of Agriculture" and "Minister of Agriculture" shall be replaced with "Ministry of Agriculture and Food Industry" and "Minister of Agriculture and Food Industry", respectively.
§ 32 The persons under Article 10c, paragraph 2 shall specify in express petitions their choice of manner of compensation within one year of entry into force of this Act.
§ 33 All cases under Article 11, paragraph 1 pending at the time of the entry into force of this Act, shall be examined in the manner applicable prior to the adoption of this Act.
§ 34 For rulings of land boards, the terms under Article 14, paragraph 7 shall commence as of the entry into force of this Act.
§ 35 In § 6, paragraph 4 of the Transitional and Concluding Provisions of the Transformation and Privatisation of State and Municipal Enterprises Act, "within four months following the entry into force of this Act" shall be replaced with "until December 31, 1996".
Chairman of the National Assembly: Blagovest Sendov
REPUBLIC OF BULGARIA
NATIONAL ASSEMBLY
AMENDMENT ACT TO THE
OWNERSHIP AND USE OF FARM LAND ACT
Promulgated State Gazette No. 79/17.09.1996
TRANSITIONAL AND CONCLUDING PROVISIONS
§ 24 Such projects of land division plans wherefore no announcement of their elaboration has been promulgated in the official State Gazette as of the date of entry of this Act into force, shall be drawn up pursuant to the requirements thereof.
§ 25 In respect of land division plans that have entered into force, the time limit under Article 17, paragraph 8 of the Ownership and Use of Farm Land Act shall be effective as of the entry into force of this Act.
§ 26 The Ministry of Agriculture and Food Industry jointly with municipalities shall, within one (1) year following the entry into force of this Act, organise and control the drawing up of cadastral and parcellation plans of lands granted to be used by citizens prior to August 17, 1990 pursuant to various enactments by the hitherto Presidium of the National Assembly, the State Council or the Council of Ministers. The funds needed for the elaboration of such cadastral and land parcellation plans shall be provided in equal parts by the state and municipal budget.
§ 27 Persons under Article 10b, paragraphs 1, 2 and 3, Article 10c, Article 15 paragraph 2 of the Ownership and Use of Farm Land Act shall, within one (1) year following the entry into force of this Act, specify in additional applications the mode of indemnification.
This Act was adopted by the 37th National Assembly on July 23, 1996, readopted on September 11, 1996 pursuant to Article 101, paragraph 2 of the Constitution and the State Seal has been affixed to it.
Chairman of the National Assembly: Blagovest Sendov
REPUBLIC OF BULGARIA
COUNCIL OF MINISTERS
DECREE No. 232
of 29 November 1993
on the Implementation of Article 24, paragraph 3
of the Ownership and Use of Farm Land Act
Promulgated State Gazette No. 104/10.12.1993
T H E C O U N C I L O F M I N I S T E R S
H A S D E C R E E D:
Article 1
Retains the right of ownership by the state of an area of 14 303.73 decares at locations and in sizes specified in Annex 1.
Article 2
The Ministry of Defence shall vacate 19 army lots at locations and in sizes specified in Annex 2.
Article 3
The Ministry of Defence shall return to the State Land Fund 8 888 639 decares at locations and in sizes specified in Annex 3.
Article 4
Retains the right of ownership by the state over 25 lots with an area of 109 982 decares managed by the Department of Civil Defence at locations and in sizes specified in Annex 4.
ADDITIONAL PROVISION
§ 1. The Minister of Defence, the Minister of Agriculture and the district governors shall be responsible for the implementation of this decree.
CONCLUDING PROVISION
§ 2. Annexes Nos. 1, 2, 3, and 4 shall be confidential.
Chairman of the Council of Ministers: Lyuben Berov
Chief Secretary of the Council of Ministers: Stoyan Denchev